Lupton Fawcett LLP - Openbrief » Contract

Misleading Advertising - a recent ASA decision

Fiona Kingscott — Mon, 23 Aug 2010 11:31:37 +0000

The ASA Council (Non-broadcast) has recently held a retailer in breach of the CAP Code for having insufficient stock to meet anticipated demand. It found that internet retailer, Simply Be, has breached the CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 16.4 (Availability of products), 27.4 (Sales promotion rules) and 30.1 (Availability), by an email it [...]

Whose law applies?

Fiona Kingscott — Wed, 07 Oct 2009 10:38:48 +0000

In a contract between parties situated in different countries, whose law applies? The answer is usually straightforward where the parties have signed a contract which states which law is to apply. In such cases, or where it can be implied that they have chosen a particular country’s law, the chosen law applies. However, in cases [...]

Contract assignment basics

John Sykes — Mon, 19 Nov 2007 13:18:28 +0000

A contract in a basic sense can be seen as a benefit (often the payment of money) to one party and a burden (obligations) on the other. Of course, contracts are usually more complex than this with a series of interlinked benefits and burdens. But the concept of benefits and burdens is important to understanding when [...]